Are all public funded datasets open by default under GODL license?

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Arun Ganesh

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Aug 7, 2022, 12:35:19 AMAug 7
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This question has arisen more than a few times among the OpenStreetMap India community while looking at sources like Bharatmaps (NIC), Bhuvan (ISRO) or Survey of India have published valuable authoritative maps but without any clear licensing terms which makes it unclear if it can be reused.

Following the mandate of the National Data Sharing and Accessibility Policy (NDSAP) of Government of India that applies to all shareable non-sensitive data available either in digital or analog forms but generated using public funds by various agencies of the Government of India, and subject to the conditions listed under section 4 and 7 of this document, all users are provided a worldwide, royalty-free, non-exclusive license to use, adapt, publish (either in original, or in adapted and/or derivative forms), translate, display, add value, and create derivative works (including products and services), for all lawful commercial and non-commercial purposes, and for the duration of existence of such rights over the data or information.

Does this mean that it applies to all non sensitive published datasets from Central Government sources by default even without explicit mention on the website?

Some clarity on how the NDSAP/GODL License applies to published data will be really useful.

Arun

Abhishek

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Aug 7, 2022, 8:31:17 AMAug 7
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Good point. One of the documents on Digital India 2.0 talks about "Open by default". It talk about an open approach for technologies, tools and data. Hopefully this will pave the way for a second version of GoDL.

How about filing an RTI to enquire about this point?

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sreeram kandimalla

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Aug 7, 2022, 10:58:20 PMAug 7
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The question is whether for the current version of GODL is already good enough.

Do we have any legal experts around who can chime in? Or can people suggest any legal experts we can talk to about this?

sreeram kandimalla

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Aug 7, 2022, 10:58:33 PMAug 7
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To go even further.. Would NDSAP/GODL apply to cases where the data is clearly eligible for it, but the source website terms and conditions say otherwise.. Example: https://censusindia.gov.in/census.website/node/288

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